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2026 DAILYLAW 31131 (KAR)

SRI. A S VENKATESH v. THE STATE OF KARNATAKA

WP/20588/2026 · 2026-07-22

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20588 OF 2026 (CS-RES) BETWEEN: 1. SRI. A.S.VENKATESH AGED 68 YEARS S/O LATE A.SHEENAPPA R/A "SURABHI" JAIN COMPOUND N.G. ROAD, ATTAVAR MANGALORE-575 001. 2. SRI. RAMESH T. MENDON AGED 72 YEARS S/O KAMALA R/A "KAMALANIKETHAN" BHAT NAGAR THOKKOTTU POST, ULLAL MANGALORE-575 022. …PETITIONERS (BY SRI. YATHIN B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 M.S. BUILDING BENGALURU-560 001. 2. THE AUTHORISED OFFICER/ ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES PUTTUR SUB-DIVISION, PUTTUR DAKSHINA KANNADA DISTRICT-574 201. 3. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (URBAN BANKS DIVISION) M.S. BUILDING BENGALURU-560 001. 4. THE CHIEF EXECUTIVE/ SECRETARY OF KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED KARAVALI SOUDHA, ATTAVAR MANGALORE-575 001. 5. SRI. VISHWAS KUMAR DAS AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O LADY HILL MANGALORE-575 006. 6. SRI. KESHAVA M. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED - 3 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 R/O MAROLI, KULASHEKAR MANGALORE-575 005. 7. SRI NAGESH N. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O PUTHROTIBAIL HOUSE NARIKOMBU POST PANEMANGALORE BANTWAL-574 231. 8. SRI. BHARATH KUMAR A. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O CHAKRAPANI TEMPLE AREA N.G. ROAD, ATTAVAR MANGALORE-575 001. 9. SRIMATI SHOSHA A. AGE MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O SHREYAS, ATTAVAR CIRCLE MANGALORE-575 001. 10. SRI. PRAKASH B. AGE: MAJOR DIRECTOR KARAVALI CREDIT - 4 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 CO-OPERATIVE SOCIETY LIMITED R/O ASHRAYA COLONY DEVINAGAR PACHCHANADI, BONDEL MANGALORE-575 008. 11. SRI. THARANATH SUVARNA AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O PADIL MANGALURU-575 007. 12. SRI. PADMANABHA M. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O MAROLI KULASHEKAR POST MANGALURU-575 005. 13. SRIMATI USHA AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O MARNAMIKATTA MANGALURU-575 001. 14. SRI. RAJAN KUMAR H.S. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE - 5 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 SOCIETY LIMITED R/O MAROLI KULSHEKAR POST MANGALURU-575 005. 15. SRI. RAVEENDRA T. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O ODIYOOR, MATRAPADY KAROPADY, BANTWAL-574 243. 16. SRI. DAYANAND H. AGE: MAJOR DIRECTOR KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O THALAPADY, PADAVU POST THALAPADY, MANGALURU-575 023. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 TO R3; SRI. B.S.SACHIN, ADVOCATE FOR R4; SRI. RAKSHITH KUMAR, ADVOCATE FOR R5 TO R16) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DATED 01-07-2026 BEARING NO.JDgï37/DgïJ¸ïDgï/37/2026-27 ISSUED BY RESPONDENT NO.2 (AUTHORISED OFFICER) CONVENING THE BOARD MEETING SCHEDULED FOR 09-07-2026 AT 3.00 P.M. - 6 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 TO CONSIDER THE NO-CONFIDENCE MOTION AGAINST THE PETITIONERS VIDE ANNEXURE - A AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner no.1 is the President of respondent no.4- Society and petitioner no.2 is the Vice-President of the said Society. A no-confidence motion was moved against them and respondent no.2 issued a notice vide Annexure-A to the writ petition fixing the date of no-confidence on 09.07.2026 at 03.00 p.m. On the ground that the same has not been issued in accordance with law, the present writ petition is filed with a prayer to set aside the same. 2. This Court on 08.07.2026 has passed the following order: "The learned AGA accepts notice for respondent Nos.1 to 3. Issue emergent notice to respondent Nos.4 to 16. - 7 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 The case of the petitioners is that petitioner No.1 is the President and petitioner No.2 is the Vice-President of respondent No.4 - Society. A no-confidence motion is moved against them by some of the members and the date of no-confidence is fixed on 09.07.2026. However, the notice has been issued to the members on 01.07.2026 and it does not constitute 15 days clear notice as contemplated under Rule 14-AKK of the Karnataka Co- operative Societies Rules, 1960. For the said reason, the further proceedings in respect of no-confidence motion (vide Annexure-A to the writ petition) is stayed, till the next date of hearing. Call on 22.07.2026." 3. By virtue of the aforementioned order, the no-confidence motion scheduled against the petitioners on 09.07.2026 has not been conducted. For the said reason, respondents submit that the writ petition may be disposed of as having become infructuous and respondent no.2 may be given liberty to conduct fresh proceedings in accordance with law. 4. As the no-confidence motion has not been held on 09.07.2026, the writ petition is hereby dismissed as having become infructuous. - 8 - HC-KAR CNR: KAHC010458082026 NC: 2026:KHC:37781 WP No. 20588 of 2026 5. It is needless to state that respondents are at liberty to initiate appropriate action in accordance with law. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 20